Encroachment Agreement No. 16-0001 2016-0129337RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 273 - 122 -02
DOC# 2016- 0129337
111111 IIIII IIIII VIII IIII 111111 IIIII IIIII I III IIIII IIIII IIIII IIII III
Mar 23, 2018 11:19 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: 530.00
PAGES.8
(THIS SPACE FOR RECORDER'S USE)
ENCROACHMENT AGREEMENT NO. 16 -0001
The CITY OF POWAY (herein called CITY), does hereby grant to Edward C. Fletcher
and Wendy M. Fletcher, owner(s) of the property located at 17754 St. Andrews Drive, Poway,
CA (herein called PERMITTEE(S)), permission to encroach within the City's right -of -way for the
purposes of installing and maintaining artificial grass and driveway pavers.
The limits of said encroachment are as shown on Exhibit A, attached hereto and made a
part hereof, and described as approximately 150 square feet of driveway pavers and
approximately 500 square feet of art;jicial which is to be installed within the City's right -of -way,
according to Map No. 4683, located at the front of the subject property.
Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by
accepting the same, agreeing to the following conditions:
1. The consent granted herein by CITY shall at all times be subject to the right of
CITY to operate and maintain, and from time to time to reconstruct, alter, and improve any
existing works of the CITY on CITY's right -of -way, without liability for damages to the facilities of
PERMITTEE, its heirs, successors or assigns;
2. It is understood that said lands are not owned by CITY, that the consent
contained herein relates only to the prior rights of CITY by virtue of its right -of -way in said lands,
and nothing contained herein shall be deemed a representation by CITY of the right to grant an
easement over said lands or any other rights which are reserved to the owners or other
persons;
3. The CITY will not be liable for any damage to the proposed construction on
CITY's right -of -way resulting from future operation of the CITY's facilities by CITY within the
right -of -way;
4. This assignment is made for the direct benefit of PERMITTEE's land above
described and the covenants herein contained shall run with said land, and shall be binding on
the assigns and successors of PERMITTEE;
Encroachment Agreement No. 16 -0001
Page 2
5. Only those utilities or improvements described above are permitted along or
across the right -of -way. If other utilities or improvements are proposed, an additional
encroachment agreement will be required;
6. PERMITTEE shall not unreasonably interfere with the facilities of CITY, or with
access by CITY, during construction. PERMITTEE shall establish grades, which, in the opinion
of the CITY, will provide easy access across the encroachment after completion;
7. All of CITY's facilities in the right -of -way are to be fully protected in a manner
satisfactory to CITY after construction;
8. PERMITTEE, its heirs, successors or assigns, will be responsible for any
damage which may occur to CITY's facilities in the right -of -way by reason of the construction,
location, or maintenance of PERMITTEE's facilities, and for the cost or any relocation of the
facilities installed within the right -of -way by PERMITTEE, its heirs, successors or assigns,
should such relocation become necessary by reason of the construction by CITY of additional
facilities or appurtenances thereon;
9. CITY, its officers, employees, agents and directors shall not be answerable or
accountable in any manner for any loss or damage that may occur to facilities belonging
to the PERMITTEE, its heirs, successors or assigns, or any part thereof; for any loss or
damage to any of the materials, equipment or other things used or employed in constructing
the same; for injury to or death of any person, either workmen or the public, or for damage
to property from any cause arising out of PERMITTEE's use of CITY's right -of -way, or the
construction and maintenance of facilities thereon. PERMITTEE, its heirs, successors or
assigns, shall be solely responsible for all of the foregoing. PERMITTEE, its heirs, successors
or assigns, shall hold harmless, indemnify, and defend CITY, its directors, officers, employees
and agents, from all claims, suits or actions of every name, kind and description, including
attorneys' fees, brought for, or on account of, injuries to or death of any person or damage to
property resulting or alleged to have resulted from PERMITTEE's use, or use by its heirs,
successors or assigns, of CITY's right -of -way or the construction and maintenance of facilities
thereon;
10. CITY is to be without cost or expense of any kind in connection with this
agreement;
11. The encroachment shall be installed and maintained in a safe and sanitary
condition at the sole cost, risk and responsibility of the PERMITTEE and successors -in- interest;
12. The PERMITTEE, its heirs, successors or assigns, shall remove or relocate the
encroachment, or a portion thereof, upon notification in writing by the City Engineer of the
City of Poway, or the City may cause such work to be done at PERMITTEE's sole cost and
expense, and the cost thereof shall be a lien upon the land owned by the PERMITTEE, its heirs,
successors or assigns;
13. PERMITTEE, its heirs, successors or assigns, shall take out and maintain, during
the time the aforementioned encroachment remains on CITY's right -of -way, sufficient Liability
Insurance covering all bodily and property damage arising out of this permit (at least $1,000,000
for personal injury and $250,000 for property damage). This policy shall name CITY and its
Encroachment Agreement No. 16 -0001
Page 3
officers, agents and employees as additional insured, and shall constitute primary insurance as
to CITY and its officers, agents and employees, so that any other policies held by CITY shall not
contribute to any loss under said insurance. The policy shall provide for thirty (30) days prior
written notice to CITY of cancellation or material change.
This agreement is granted pursuant to action taken by the CITY OF POWAY on the
/v /,;) day of /r /<cr C "� 2016.
ACCEPTED:
OWNERS
By: 1�
Edward C. Fletcher
By: YZ2� —
Wendy Fletcher
Approved as to Form:
Office of the City Attorney
64�wk*"
Morg L. le City ttorney
CITY OF POWAY
—.4 — �-
S R. Crosby, P.E.
City Engineer
(Signatures must be notarized.)
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On _0 �[U , I S� before me, Ana Marie Alarcon, Not
Date Here Insert Name and
personally appeared fr°l r'l GL.f
�l�� Name(s) of Signer(s)
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Public
of the Officer
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
ANA MARIE ALARCON] WITNESS my hand and official seal.
Commission No 2120463
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CALIFORNIA • • •.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San TNeg p
On MArch I ba ?, to before me, 1' 00i C f ?066c. ,
Date Here Insert Name and Title of the icer
personally appeared
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
MONICA I. MARTINEZ
AEM CN MW" * 2115961
a
z Nobry PU NC - Ci1NaMs
so omm ic _
Jun 1818 2019
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary P.4blic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited General
❑ Individual Attorney in Fact
❑ Trustee Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General
Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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